Jan Lok Pal Bill proposed and drafted by Anna Hazare & his Team. Whether it is Unconstitutional?
06-04-2011
Sir
Contrary to what the Government Spokesmen have been claiming on TV channels, there is nothing in the Constitution of India which prevented private Citizens from proposing a BILL however the Parliament afterwards made the procedure for conduct of its business and then made provision only for Government Bills and Private Members Bill. Even then the Bill only needs to be introduced either by a Minister or a Private Member. There is nothing in the Constitution which says any thing about drafting of the Bill. Therefore the stand of the Government that by allowing privately drafted bill it will mean opening a Pandora’s Box and Unconstitutional is totally Wrong.
Whether Civil Society can Join in Drafting of Jan Lok Pal Bill
06 April-2011
1. There is nothing in the Constitution about who will draft the Bill.
2. In the Constitution there are only two types of Bills, Money Bills and other Bills. There is nothing in the Constitution which disallows Private Citizens Bills.
3. Later on, when the Parliament made rules for conduct of Business, they provided for two types of Bills, Government Bills to be introduced and not necessarily drafted by the Minister of Concerned Department and Private Members Bill, to be introduced and not necessarily drafted by the Member of Parliament.
4. That thus the Government has merely to take the Jan Lokpal Bill drafted by the Team of Anna Hazare and after due deliberations, GET IT INTRODUCED BY THE MINISTER OF THE CONCERNED DEPARTMENT AND GET IT PASSED. Or A private Member of Parliament can take it and introduce it in Parliament.
In British & American Parliament/ Congress, private Citizens Bills are allowed to be introduced and passed for certain purposes. Some extracts are as below:
Robby Sharma
865, Block-B, Panki Kanpur.208020
Email—sharmarobby@hotmail.com Mob-91-9415438326
Bills in British Parliament
Different types of Bills can be introduced by:
· The government
· Individual MPs or Lords
· Private individuals or organisations
There are three different types of Bill: Public, Private and Hybrid Bills. There is also another kind of Public Bill called Private Members' Bills.
Private Bills are usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private Bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against the proposed Bill and present their objections to committees of MPs and Lords.
How Private Bills start
Bills can start in either House. The formal stages of Private Bills are broadly the same as Public Bills.
Letting the public know
Parliament requires that Private Bills are publicised through newspaper adverts, official gazettes of local areas, and in writing to all interested parties. People directly affected by a Private Bill - for example, residents near a proposed site for a new cemetery - should also be informed.
Petitioning against Private Bills
Any group or individual directly affected by a Bill's proposals can object to it through petitions, examined and considered by committees of MPs and of Lords. Further details on drafting a petition are available from the Private Bill Offices in the Commons and Lords.
Private Bills before Parliament 2010-11
Listed below are all Private Bills currently before Parliament. Any Bills which start in the Lords have [HL] in their title. Explanatory Notes and Amendments are on each Bill's individual page.
| | A | |
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| 04.02.2011 | |
| | B | |
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| 04.04.2011 | |
| | C | |
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| 20.10.2010 | |
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| 27.01.2011 | |
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| 28.10.2010 | |
| | K | |
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| 04.02.2011 | |
| | L | |
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| 17.03.2011 | |
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| 03.04.2011 | |
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| London Local Authorities and Transport for London (No. 2) Bill [HL] | 31.03.2011 |
| | N | |
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| 20.10.2010 | |
| | R | |
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| 20.10.2010 | |
| | T | |
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| Transport for London (Supplemental Toll Provisions) Bill [HL] | 29.11.2010 |
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| 10.02.2011 |
Allhallows Staining Church Bill [HL] 2009-10 to 2010-11
Read the Act
All Bill documents
Type of Bill:
Private Bill
Parliamentary agents:
Promoted by:
The Clothworkers' Company
Petitioning period:
Lords: 26.1.2010 to 8.2.2010 Commons: 19.3.2010 to 29.3.2010
Progress of the Bill
Bill started in theHouse of Lords
1. House of Lords
1. 
2. 
3. 
4. 
2. House of Commons
1. 
2. 
3. 
4. 
5. 
3. 
4. Royal Assent
Last event
· 
alt="Royal Assent" title="Royal Assent" v:shapes="_x0000_i1052">Royal Assent 27 July, 2010 | 27.07.2010
Latest news on the Bill
The Bill received Royal Assent on 27 July 2010. It is now an Act of Parliament (i.e. it has become law): Allhallows Staining Church Act 2010 (Chapter v).
Petition information
The Bill received Royal Assent on 27 July 2010. It is now an Act of Parliament (i.e. it has become law): Allhallows Staining Church Act 2010 (Chapter v). There will be no further opportunities to present petitions against this Bill.
Summary of the Bill
This Bill removes certain statutory restrictions applying to land which makes up the site of the former
· repeal sections 4(2)(b) to (e) of the Allhallows Staining Churchyard Act 1961 to remove certain restrictions placed by the 1961 Act on the churchyard relating to the licensing process when seeking to disturb a grave; accessing a grave in the churchyard; access rights of the incumbent of the united benefices of St Olave Hart Street, Allhallows Staining and St Katherine Coleman; and the erection of buildings on the churchyard
· make provision for the legal use, development or disposal of the land stipulated in the Bill. It would, however, be necessary to obtain permissions from any individuals affected along with the normal planning and listed building consents
· impose detailed procedures to be followed by the company (the Livery Company known as the Clothworkers’ Company - the sponsor of the Bill) when seeking to remove human remains
· make provision for the removal and re-erection of tombstones and memorials. The selection of the new location would be agreed by the relative of the deceased person or their representative
Legislation, Laws, and Acts
Chapter 1: Bills
Chapter 2: Joint Resolutions
Chapter 3: Concurrent Resolutions
Chapter 4: Simple Resolutions
Bills
Bills are prefixed with H.R. when introduced in the House and S. when introduced in the Senate, and they are followed by a number based on the order in which they are introduced. The vast majority of legislative proposals are in the form of bills. Bills deal with domestic and foreign issues and programs, and they also appropriate money to various government agencies and programs.
Public bills pertain to matters that affect the general public or classes of citizens, while private bills affect just certain individuals and organizations.
A private bill provides benefits to specified individuals (including corporate bodies). Individuals sometimes request relief through private legislation when administrative or legal remedies are exhausted. Many private bills deal with immigration–granting citizenship or permanent residency. Private bills may also be introduced for individuals who have claims again the government, veterans benefits claims, claims for military decorations, or taxation problems. The title of a private bill usually begins with the phrase, "For the relief of. . . ." If a private bill is passed in identical form by both houses of Congress and is signed by the president, it becomes a private law.
When bills are passed in identical form by both Chambers of Congress and signed by the president (or repassed by Congress over a presidential veto), they become laws.
Joint resolutions are designated H.J. Res. or S.J. Res. and are followed by a number. Like a bill, a joint resolution requires the approval of both Chambers in identical form and the president’s signature to become law. There is no real difference between a joint resolution and a bill. The joint resolution is generally used for continuing or emergency appropriations. Joint resolutions are also used for proposing amendments to the Constitution; such resolutions must be approved by two-thirds of both Chambers and three-fourths of the states, but do not require the president’s signature to become part of the Constitution.
Concurrent resolutions, which are designated H.Con. Res. or S.Con. Res., and followed by a number, must be passed in the same form by both houses, but they do not require the signature of the president and do not have the force of law. Concurrent resolutions are generally used to make or amend rules that apply to both houses. They are also used to express the sentiments of both of the houses. For example, a concurrent resolution is used to set the time of Congress’ adjournment. It may also be used by Congress to convey congratulations to another country on the anniversary of its independence. Another important use of the concurrent resolution is for the annual congressional budget resolution, which sets Congress’ revenue and spending goals for the upcoming fiscal year.
Simple resolutions are designated H.Res. and S.Res., followed by a number. A simple resolution addresses matters entirely within the prerogative of one house, such as revising the standing rules of one Chamber. Simple resolutions are also used to express the sentiments of a single house, such as offering condolences to the family of a deceased member of Congress, or it may give "advice" on foreign policy or other executive business. Simple resolutions do not require the approval of the other house nor the signature of the president, and they do not have the force of law.
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